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B-201131,B-201286,B-209697,B-209716,B-209717,B-210030,B-211045,B 1 (1983-06-20)

handle is hein.gao/gaobabkkv0001 and id is 1 raw text is: 

                     UNITED STATES GENERAL ACCOUNTING OFFICE   c2 SS'
         S0
                             WASHINGTON; D.C. 20548
                                                June 20, 1983
OFFICE OF GENERAL COUNSEL
       B-211440, B-211110, B-201286, B-211288, B-211045
       B-209716, B-210030, B-209697, B-209717, B-201131



       Brigadier General Robert B. Adams                       1217o2
       Deputy Commander
       U.S. Army Finance and Accounting Center
       Indianapolis, Indiana   46249

       Dear General Adams:

            This responds to 10 separate requests for relief from
       liability for erroneous or improper payments made on behalf of
       various Army Finance and Accounting officers and agents under
       31 U.S.C. § 3527(c) (formerly 31 U.S.C. § 82a-2)._/ For the
       reasons stated below, we grant relief in nine cases. In the
       tenth, no decision is necessary because the person for whom
       relief was requested was not the accountable officer.

            We have consolidated these requests primarily in order to
       draw attention to the lack of effective collection action,
       and to provide notice that in the future we will exercise our
       discretion under section 3527(c) and deny requests for relief
       unless the submission contains evidence that diligent collec-
       tion action has or is being pursued. In addition, this con-
       solidation of cases provides us with an opportunity to address
       the following recurring deficiencies in the relief requests
       from your office which, if not corrected, may require a denial



       I/   Three of the M0 cases here, involve situations in which
            the loss occurred when both an original and replacement
            check were cashed. In 62 Comp. Gen.      (B-206589, et
            al., December 16, 1982), we discussed the fact that a
            duplicate check case could be handled under either
            31 U.S.C. § 3333 (1982) (formerly 31 U.S.C. § 156 (1976))
            or 31 U.S.C.   S 3527(c). We found that there is a need
            for Congress and the Treasury Department to determine
            under which statute these cases are to be resolved and
            which appropriation should bear the loss. Recognizing
            that such a process would take time, we decided to follow
            the status quo for a reasonable time. Therefore, if an
            agency submits a duplicate check case to this Office
            under 31 U.S.C. S 3527(c), we will continue to consider
            it under that statute. We will follow that practice
            herein and decide the cases pursuant to 31 U.S.C.
            S 3527(c).

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